MESA MICROWAVE, INC. v. F. C. C.

Nos. 14729, 14745, 14747, 14750, 14753, 14765.

262 F.2d 723 (1958)

MESA MICROWAVE, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. CARTER MOUNTAIN TRANSMISSION CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. EAST TEXAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. IDAHO MICROWAVE, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. NEW YORK PENN MICROWAVE CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. VALLEY MICROWAVE CORP., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided December 24, 1958.


Attorney(s) appearing for the Case

Mr. E. Stratford Smith, Washington, D. C., with whom Mr. John P. Cole, Jr., Washington, D. C., was on the petitions, for petitioners.

Mr. Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, with whom Mr. John L. Fitzgerald, General Counsel, Federal Communications Commission, and Mr. Mark E. Fields, Counsel, Federal Communications Commission, were on the answers, for respondent.

Mr. Edward K. Wheeler, Washington, D. C., for amici curiæ Capital City Television, Inc., et al., in Nos. 14729, 14745, 14747, 14750 and 14753.

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the pleadings, for amici curiæ Southwestern Operating Co., et al., in No. 14729, for amici curiæ Joseph P. Ernst, et al., d/b/a Chief Washakie TV, in No. 14745, and for amicus curiæ The Channel 7 Co. in No. 14747.

Mr. J. Roger Wollenberg, Washington, D. C., with whom Messrs. Andrew G. Haley and Edward F. Kenehan, Washington, D. C., were on the pleadings for amicus curiæ Southern Idaho Broadcasting & Television Co., in No. 14750.

Before PRETTYMAN, Chief Judge, and BAZELON and WASHINGTON, Circuit Judges.


PRETTYMAN, Chief Judge.

This is a petition1 for an order in the nature of a writ of mandamus; specifically, as entitled by petitioner, an order directing the Federal Communications Commission to grant or designate for hearing certain applications for licenses filed by petitioner. This is an extraordinary remedy, as is mandamus, and is to be used only upon clear showing of necessity.

Petitioner, Mesa Microwave, Inc., is a communications...

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